Rippy v. Pub. Health Mgmt. Corp.

LATOYA RIPPY, Plaintiff v. PUBLIC HEALTH MANAGEMENT CORPORATION, ET AL., Defendants

Case No. 19-cv-1839-JMY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

FEBRUARY 19, 2020

MEMORANDUM

YOUNGE, J.

Before the Court are three Motions to Dismiss filed separately by Defendants Tony Gerard ("Gerard") (ECF No. 47); City of Philadelphia ("City") (ECF No. 48); and Public Health Management Corporation ("PHMC"), Cherie Walker-Baban, Kristine Arrieta, and Leslie Gaymon (collectively, "PHMC Defendants") (ECF No. 42). The Court finds these matters appropriate for resolution without oral argument. See Fed. R. Civ. P. 78; L.R. 7.1(f). For the reasons set forth below, Gerard's Motion will be granted, the City's Motion will be granted, and the PHMC Defendants' Motion will be granted in part and denied in part. Plaintiff will be given leave to file an amended complaint as to those claims dismissed without prejudice.

I. BACKGROUND

A. Facts

Unless otherwise noted, the following facts are taken from the operative complaint, Plaintiff's Third Amended Complaint ("TAC," ECF No. 41).¹ For the purposes of the instantmotions, the Court takes as true all factual allegations contained in the TAC. See Evancho v. Fisher, 423 F.3d 347, 350 (3d Cir. 2005) (noting that a court is "required to accept as true all allegations in the complaint" when deciding a Rule 12(b)(6) motion).

Plaintiff Latoya Rippy, an African American, began working for PHMC in March 2013. (TAC ¶ 19.) PHMC is "a non-profit health institute that builds healthier communities through partnerships with government, foundations, business and community-based organizations." (Id. ¶ 20.) Rippy asserts that PHMC employees Cherie Walker-Baban, Leslie Gaymon, and Kristine Arrieta "held supervisory authority over" her. (Id. ¶¶ 23-28.)

Rippy worked for PHMC with City employees and supervisors, at a building owned, operated, and managed by the City. (Id. ¶ 34.) Rippy's supervisors at PHMC directly supervised Rippy's work, but the City employees "exerted significant control over PHMC employees by co-determining matters that govern essential terms and conditions of the employment of PHMC employees." (Id. ¶ 36.) City employees defined work rules and assignments for PHMC employees, including when PHMC employees should report to City doctors and nurses. (Id. ¶ 37.) City and PHMC supervisors disciplined PHMC employees. (Id. ¶ 38.) PHMC employees reported issues with City employees to City and PHMC supervisors. (Id. ¶ 39.) City employees conducted sexual harassment trainings for PHMC employees, and the City's anti-harassment policies applied to PHMC employees. (Id. ¶ 40.) According to Rippy, employees of the City "implemented the policies and procedures regarding who was required to attend the . . . trainings[,]" and more specifically, "implemented the policy that [f]ederal [g]overnment employees were not required to attend" the trainings. (Id. ¶¶ 41-42.)

Rippy also answered to Tony Gerard, an employee with the Centers for Disease Control and Prevention ("CDC"), a federal government agency. (Id. ¶ 21.) Gerard also "heldsupervisory authority over" Rippy. (Id. ¶¶ 21-22.) From September 2017 through September 2018, Gerard subjected Rippy to "physical sexual harassment, verbal sexual harassment, and racial discrimination." (Id. ¶ 44.) In September 2017, Gerard informed Rippy that he needed to supervise her in the field. (Id. ¶ 45.) Gerard once asked Rippy why her boyfriend would lend her his car, implying African Americans "do not give anything away for free." (Id. ¶ 47-48.) Gerard also implied that Rippy offered her boyfriend sexual favors in exchange for the car. (Id. ¶ 50.) Gerard asked if Rippy's son had an "African last name." (Id. ¶ 53.) When she responded his name is "Matunda," Gerard said "no wonder you have an African man—they like their women thick." (Id. ¶¶ 54-55.) Rippy told Gerard the next day his comments were inappropriate, and he apologized and said it would not happen again. (Id. ¶¶ 56-58.) But in November 2017, during her annual evaluation, Gerard said: "You can dress like someone out of a magazine and still won't get a promotion." (Id. ¶¶ 61-63.) In January 2018, Gerard put his arms on Rippy's breast following a sexual harassment training that Gerard did not attend. (Id. ¶¶ 66, 72.) After placing his arms on her breast, Gerard claimed the "sexual harassment policy [did] not apply" to him because he did not take the sexual harassment training. (Id. ¶ 75.) In June 2018, Gerard told Rippy he could not describe where he thought the cream filling in moon pies came from because he did not "want to receive another text from [her]." (Id. ¶¶ 82-84.)

In September 2018, Gerard implied that Rippy, and African Americans in general, receive goods like her car in exchange for sexual favors. (Id. ¶¶ 90-92.) Rippy reported Gerard's behavior to Supervisor Gaymon the next day. (Id. ¶ 93.) Supervisor Gaymon told Rippy she would report Gerard's behavior to Supervisor Walker-Baban. (Id. ¶ 96.)

On September 17, 2018, Supervisor Gaymon, non-party Melinda Salmon, and Rippy discussed Rippy's concerns about Gerard's behavior. (Id. ¶¶ 103-105.) The same day, Rippy'ssupervisors removed her from a special project and moved her reporting facility to accommodate her new placement. (Id. ¶¶ 106-107.) Supervisor Walker-Baban and Salmon told Rippy to send her allegations to them and leave the premises by noon so Supervisor Walker-Baban and Salmon could speak with Gerard. (Id. ¶¶ 108-109.)

Following her conversation with Gerard later the same day, Supervisor Walker-Baban called Rippy, telling her Gerard agreed to "keep his distance," and directed Rippy to "keep her distance." (Id. ¶¶ 110-111.) Supervisor Walker-Baban also told Rippy to report to her usual facility rather than the new one. (Id. ¶ 12.) Rippy said she would not return to a mutual place of work with Gerard as she "[felt] ashamed, targeted, humiliated and embarrassed." (Id. ¶ 113.) Supervisor Walker-Baban responded that Rippy "ha[d] been in [Gerard's] presence for months and [] never had an issue before." (Id. ¶ 114.) Rippy maintained her concern about reporting back to the same facility, but Supervisor Walker-Baban told Rippy she had discussed the issue with Gerard and she expected Rippy to return to the mutual facility the following day. (Id. ¶ 115.)

When Supervisor Walker-Baban asked Rippy about her plans for monthly meetings, Rippy responded she "would not be returning back to the same office as [Gerard] until this [situation] has been resolved." (Id. ¶¶ 117-118.) When asked to return her pouch to Health Center 1, Rippy told Supervisor Walker-Baban someone "would drop [Rippy's] work belongings off by the end of the day. However, it would not be her due to the fact that she [] was extremely uncomfortable going to [Gerard's] place of employment." (Id. ¶¶ 118, 120-121.) Rippy then gave her belongings to her co-worker in Health Center 5, asking her co-worker to give them to her supervisor. (Id. ¶¶ 122-123.) Supervisor Gaymon advised Rippy to allow the necessary managers to handle the situation. (Id. ¶ 119.)

Rippy spoke to Human Resource representative Donna Hollins on September 18, 2018. (Id. ¶ 124.) Hollins told Rippy "she received [Rippy's] statement from [Supervisor Arrieta]," but Rippy did not write a statement nor speak with Supervisor Arrieta about Gerard's harassment. (Id. ¶¶ 125-126.) Rippy asked Hollins if she "could write a statement and submit it to Hollins for evidence." (Id. ¶ 127.) Hollins agreed. (Id. ¶ 128.)

Hollins then told Rippy "under no circumstances was [Rippy] to return to Health Center 1," but she would "be reporting to Health Center 5 beginning on Wednesday September 19." (Id. ¶ 129.) Supervisor Arrieta confirmed this placement, emailing Rippy later the same day saying Rippy would no longer work on the special project and would be stationed at Health Center 5 permanently. (Id. ¶ 130.)

On September 19, 2018, Rippy returned to work at Health Center 5. (Id. ¶ 131.) Non-party Nashira Alston called Rippy, informing her of an encounter involving Supervisor Walker-Baban, Supervisor Arrieta, and an individual from Human Resources. (Id. ¶ 132.) Alston said that while the Human Resources individual asked her questions about Rippy and Gerard's interactions and Alston's own interactions with Gerard, Supervisor Arrieta continually interrupted Alston, calling her a liar and stating, "[Gerard] never made you feel uncomfortable." (Id. ¶¶ 133-135.)

On September 26, 2018, Supervisor Arrieta told Rippy to "submit all special projects to [Gerard] for final closure," and "all records are to be placed in [Gerard's] mailbox at Health Center 1." (Id. ¶ 138.) On October 4, 2018, Supervisor Arrieta again told Rippy to "keep [her] old work until it is ready for closure then submit it to [Gerard]." (Id. ¶ 139.)

Because Rippy reported Gerard's sexual harassment and racial discrimination, other PHMC employees allegedly continued to "discriminate, retaliate, and harass" her. (Id. ¶ 140.)Some examples of continued harassment include: being required to report to Gerard's place of work even though Rippy reported feeling unsafe around him, being "singled out for selective enforcement and discipline," having her work abilities questioned for the first time, and being scheduled for trainings she used to be exempt from. (Id. ¶ 141.) Around October 9, 2018, Supervisor Arrieta began reviewing Rippy's cases despite never having done so for other employees previously. (Id. ¶ 142.) She also scheduled Rippy for a mandatory phlebotomy training even though Supervisor Arrieta would usually just ask whether Rippy felt she needed to be retrained without questioning her answer. (Id. ¶¶ 143-145.) Supervisor Arrieta also began reviewing Rippy's "mileage per client visit" without doing so for other "similarly situated employee[s]," as Supervisor Arrieta previously only reviewed mileage when it "exceeded the expected by ten (10) or more miles." (Id. ¶¶ 146-148.)

B. ...